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TITLE XI.

CHAPTER 57.

Admission fees,

treasurer.

others under such restrictions and regulations as said regents shall prescribe.

SEC. 14. The moneys thus received shall go into the hands of the &c., to be paid to treasurer, and so much of such moneys as are needed for the purpose, How appropria. shall be expended by the regents in keeping the university buildings in good condition and repair, and the balance be appropriated for the increase of the library.

ted.

their duties.

SEC. 15. A board of visitors, to consist of five persons, shall be aphow appointed pointed annually by the superintendent of public instruction, whose duty it shall be to make a personal examination into the state of the university in all its departments, and report the result to the superintendent, suggesting such improvements as they may deem important; which report shall be transmitted to the legislature at its next session. Regents to make SEC. 16. It shall also be the duty of the regents to make an exhibit of annual exhibit of the affairs of the university in each year to the superintendent of public instruction, setting forth the condition of the university, the amount of expenditures, the number of professors and tutors, and the salaries of each, the number of students in the several departments, and in the different classes, the books of instruction used, and such other information as the superintendent may require, together with an estimate of the expenses for the ensuing year.

affairs of university-what to

contain.

Regents to cause buildings to be erected.

Regents to ex

apparatus, &c.

SEC. 17. As soon as the state shall provide funds for that purpose, the board of regents shall proceed to the erection of the necessary buildings for the university, on the ground designated by the legislature, and in such manner as shall be prescribed by law.

SEC. 18. The board of regents shall have authority to expend so pend moneys for much of the interest arising from the university fund, as may be necessary for the purchase of philosophical and other apparatus, a library and cabinet of natural history.

Regents to estab lish branches.

SEC. 19. It shall be the duty of the board of regents, together with the superintendent of public instruction, to establish branches of the and make rules. university in the different parts of this state; also to establish all needful rules and regulations for the government of such branches: Provided always, that nothing in this chapter shall be so construed as to grant to any such branch the right of conferring degrees; and that said branches so to be established shall not be more than one in any one organized county of the state.

Department

for educa

and department

teachers.

SEC. 20. In connexion with every such branch of the university, there shall be established an institution for the education of females tion of females, in the higher branches of knowledge, whenever such suitable buildfor education of ings shall be prepared, to be under the same general direction and management as the branch with which it is connected: whenever such branches shall be formed, there shall also be established in each, a department especially appropriated to the education of teachers for the primary schools, and such other departments as the regents shall judge necessary to promote the public welfare.

In one of branches agricultural department to be established.

Moneys to be appropriated for support of professors, &c., in branches.

SEC. 21. In one at least of the branches of the university, there shall be a department of agriculture, with competent instructors in the theory of agriculture, including vegetable physiology and agricultural chemistry, and experimental and practical farming and agri

culture.

SEC. 22. Whenever the branches of such university, or any of them, shall be established as hereinbefore provided, there shall be apportioned to each such sums for the support of its professors and

TITLE XI.

teachers, and also such other sums for the purchase of books and ap- CHAPTER 58. paratus as the state of the university fund shall warrant and allow. SEC. 23. Meetings of the board may be called in such manner Meetings of as the regents shall prescribe; and seven of them so assembled shall constitute a quorum for the transaction of business, and a less number may adjourn from time to time.

board, and quorum for business.

by 1839, &c.

SEC. 24. The board of regents are hereby authorized and required, Plan of buildings on or before the first Monday in January, one thousand eight hundred to be procured and thirty-nine, to procure the best and most appropriate plan for the university buildings; which plan, if approved of by the governor and superintendent of public instruction, shall be adopted by the regents of the university.

CHAPTER 58.

OF PRIMARY SCHOOLS.

Districts.

to deliver notice

SECTION 1. Whenever the board of school inspectors of any town- When new disship shall form a school district therein, it shall be the duty of the trict is formed, clerk of such board to deliver to a taxable inhabitant of such dis- township clerk trict, a notice in writing, of the formation of such district, describing to taxable inhab its boundaries, and specifying the time and place of the first meeting, 1843, p. 88, &c. which notice, with the fact of such delivery, shall be entered upon record by the clerk.

SEc. 2. The said notice shall also direct such inhabitant to notify every qualified voter of such district, either personally or by leaving a written notice at his place of residence, of the time and place of said meeting, at least five days before the time appointed therefor; and it shall be the duty of such inhabitant to notify the qualified voters of said district accordingly.

itant.

Inhabitant to

serve notice.

SEC. 3. The said inhabitant, when he shall have notified the quali- Return of nofied voters as required in such notice, shall endorse thercon a return, t.ce. showing such notification, with the date or dates thereof, and deliver

such notice and return to the chairman of the meeting.

ded.

SEC. 4. The said chairman shall deliver such notice and return to Notice and rethe director chosen at such meeting, who shall record the same at turn to be recorlength in a book to be provided by him at the expense of the district, as a part of the records of such district.

SEC. 5. The qualified voters of such district, when assembled pur- Election of offisuant to such previous notice, and also at each annual meeting, shall cers, &c. choose a moderator, director, and assessor; who shall within ten days after such meeting, severally file with the director, a written acceptance of the offices to which they shall have been respectively elected, which shall be recorded by said director.

SEC. 6. Every such school district shall be deemed duly organized, When district when any two of the officers elected at the first meeting, shall have deemed organfiled their acceptance as aforesaid.

ized.

SEC. 7. In case the inhabitants of any district shall fail to organize New notice in the same in pursuance of such notice as aforesaid, the said clerk shall to organize.

case of failure

TITLE XI. CHAPTER 58.

Corporate pow.

give a new notice in the manner hereinbefore provided, and the same proceedings shall be had thereon as if no previous notice had been delivered.

SEC. 8. Every school district organized in pursuance of this chapers of districts.. ter, or which has been organized and continued under any previous law of the state or territory of Michigan, shall be a body corporate, and shall possess the usual powers of a corporation for public purposes, by the name and style of "School District number (such number as shall be designated in the formation thereof by the inspectors) of ," (the name of the township or townships in which the district is situated,) and in that name shall be capable of suing and being sued, and of holding such real and personal estate as is authorized to be purchased by the provisions of this chapter, and of selling the same.

[blocks in formation]

SEC. 9. The record made by the director, as required in the fourth section of this chapter, shall be prima facie evidence of the facts therein set forth, and of the legality of all proceedings in the organization of the district prior to the first district meeting; but nothing in this section contained shall be so construed as to impair the effect of the record kept by the school inspectors, as evidence.

SEC. 10. Every school district shall, in all cases, be presumed to have been legally organized, when it shall have exercised the franchises and privileges of a district for the term of two years.

District Meetings.

SEC. 11. The annual meeting of such (each) school district shall be held on the last Monday of September in each year, and the school year shall commence on that day.

SEC. 12. Special meetings may be called by the district board, or by any one of them, on the written request of any five legal voters of the district, by giving the notice required in the next succeeding section, and in all notices of special meetings the object of the meeting

shall be stated.

SEC. 13. All notices of annual or special district meetings, after the first meeting has been held as aforesaid, shall specify the day, and hour, and place of meeting, and shall be given at least six days previous to such meeting, by posting up copies thereof in three of the most public places in the district; and in case of any special meeting called for the purpose of establishing or changing the site of a school house, such notice shall be given at least ten days previous thereto.

SEC. 14. No district meeting shall be deemed illegal for want of due notice, unless it shall appear that the omission to give such notice was wilful and fraudulent.

SEC. 15. Every white male inhabitant of the age of twenty-one years, residing in the district, and liable to pay a school district tax therein, shall be entitled to vote at any district meeting, and all persons who are entitled by the laws of this state to vote at township and county clections, and residing in said district, shall be entitled to vote on all questions arising in said district, excepting when the raising of money by tax is in question, and all such persons shall be eligible to any office in such school district.

SEC. 16. If any person offering to vote at a school district meeting shall be challenged as unqualified, by any legal voter in such district, the chairman presiding at such meeting shall declare to the person

challenged the qualifications of a voter, and if such person shall state that he is qualified, and the challenge shall not be withdrawn, the said chairman shall tender to him an oath in substance as follows: "You do swear (or affirm) that you are twenty-one years of age, that you are an actual resident of this school district, and liable to pay a school district tax therein;" and every person taking such oath, shall be permitted to vote on all questions proposed at such meeting.

TITLE XI.

CHAPTER 58.

SEC. 17. If any person so challenged, shall refuse to take such oath, False oath to be his vote shall be rejected, and any person who shall wilfully take a deemed perjury. false oath, or make a false affirmation under the provisions of the preceding section, shall be deemed guilty of perjury.

SEC. 18. When any question is taken in any other manner than by When challen ge ballot, a challenge immediately after the vote has been taken, shall be may be made in deemed to be made when offering to vote, and treated in the same certain cases.

manner.

SEC. 19. The qualified voters in such school district, when lawfully assembled, shall have power to adjourn from time to time as may be necessary; to designate a site for a school house by a vote of twothirds of those present, and to change the same by a similar vote, at any regular meeting.

Powers of voters.

SEC. 20. When no site can be established by such inhabitants as aforesaid, the school inspectors of the township or townships in which to determine site When inspectors the district is situated, shall determine where such site shall be, and of school house. their determination shall be certified to the director of the district, and shall be final, subject to alteration afterwards by the inspectors only,

if necessary.

SEC. 21. The said qualified voters shall also have power at any Voters may di such meeting, to direct the purchasing or leasing of an appropriate rect the purcha site, and the building, hiring or purchasing of a school house, and to s &c., of a impose such tax as may be sufficient for the payment thereof, subject impose tax. to the limitation contained in the succeeding section.

school house,and

house, &c.

SEC. 22. The amount of taxes to be raised in any district for the pur- Limitation of pose of purchasing or building a school house, shall not exceed the sum tax for schoolof two hundred dollars in any one year, unless there shall be more than thirty scholars residing therein, between the ages of five and eighteen years; and the amount thereof shall not exceed three hundred dollars in any one year, unless there shall be more than fifty scholars residing in the district between the ages last aforesaid; and no sum shall be raised exceeding one hundred and eighty dollars for the purpose of building or purchasing a school house of less dimensions than twenty-four feet by thirty feet, and ten feet between floors; nor exceeding seventy-five dollars for the purpose of building or purchasing a school house, constructed of round or hewn logs.

SEC. 23. Such qualified voters when assembled as aforesaid, may Tax for repairs, from time to time impose such tax as shall be necessary to keep their &c. school house in repair, and to provide the necessary appendages, and to pay and discharge any debts or liabilities of the district lawfully incurred; and in districts containing more than fifty scholars between the ages of four and eighteen years, may raise a sum not exceeding twenty dollars in any one year for globes, outline maps, or any apparatus for the pupose of illustrating the principles of agricultural chemistry or the mechanic arts.

SEC. 24. They may also determine, at each annual meeting, the length of time a school shall be taught in their district during the en

TITLE XI.

CHAPTER 58.

Voters may de

termine the length of time a school shall be

taught, &c.

suing year, which shall not be less than three months; and whether by male or female teachers, or both; and whether the moneys apportioned for the support of the school therein shall be applied to the winter or summer term, or a certain portion of each.

SEC. 25. In case any of the matters in the preceding section mentioned, are not determined at the annual meeting, the district board board may de shall have power, and it shall be their duty, to determine the same.

When district

termine.

When voters

may direct sale of property.

Directions in regard to suits.

District officers.

Moderator's

ties.

SEC. 26. Said qualified voters may also, at any regular meeting, authorize and direct the sale of any school house, site, building or other property belonging to the district, when the same shall no longer be needed for the use of the district.

SEC. 27. They may also give such directions, and make such provision as they shall deem necessary, in relation to the prosecution or defence of any suit or proceeding in which the district may be a party or interested.

District Officers, their Powers and Duties.

SEC. 28. The officers of each school district shall be a moderator, director and assessor, who shall hold their respective offices until the annual meeting next following their election or appointment, and until their successors shall have been chosen, and filed their acceptance, but not beyond ten days after the time of a second annual meeting after their election or appointment, without being again elected or appointed.

Moderator.

SEC. 29. The moderator shall have power, and it shall be his duty, powers and du- to preside at all meetings of the district, to sign all warrants for the collection of rate bills after they shall have been prepared and signed by the director, and to countersign all orders upon the assessor for moneys to be disbursed by the district, and all warrants of the director upon the township treasurer for moneys raised for district purposes, or apportioned to the district by the township clerk; but if the moderator shall be absent from any district meeting, the qualified voters present may elect a suitable person to preside at the meeting.

Moderator to

SEC. 30. If at any district meeting, any person shall conduct himkeep order, &c. self in a disorderly manner, and after notice from the moderator or person presiding, shall persist therein, the moderator or person presiding may order him to withdraw from the meeting, and on his refusal, may order any constable or other person or persons to take him into custody until the meeting shall be adjourned.

Penalty for dis

SEC. 31. Any person who shall refuse to withdraw from such meetturbing meeting. ing on being so ordered as provided in the preceding section, or who shall wilfully disturb such meeting, shall, for every such offence, forfeit a sum not exceeding twenty dollars.

Assessor to collect and pay

over moneys.

On refusal to Jay, assessor to collect by dis

tress.

Assessor.

SEC. 32. The assessor shall pay over all moneys in his hands belonging to the district, on the warrant of the director, countersigned by the moderator; and shall collect all rate bills for tuition and fuel, in obedience to the command contained in the warrant annexed thereto.

SEC. 33. In case any person shall neglect or refuse to pay the amount on such rate bill for which he is liable, on demand, the assessor shall collect the same by distress and sale of any goods or

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